«There is a form of inhibition that can set in for defense that we might not have had before, »
Here is a philosophical subject but one that arises in a very factual way in society: can defense lawyers still plead as before in cases of violence against women? The debate is very present among legal professionals. Me Nadjet Zaghrir, in Bordeaux, explains: «It is extremely complicated for the defense. Judges are afraid of missing something. This limits the chances of acquittal. MeToo has liberated speech, which is essential, but in the way in which cases are handled, it seems like a lost cause for the defense. »
«Form of inhibition»
Me Réda Hammouche, in Périgueux, goes further: «In these cases, there is now a form of inhibition that can set in for the defense that we might not have had before. We are not holding back, we are reflecting. We are trying to calibrate the argument to the maximum so that it is optimal in defense, but without veering into something counterproductive, which would be seen as excessive. »
Experienced lawyers note a real change. «Pleading for perpetrators of sexual violence is increasingly difficult, » says Me Lionel Béthune de Moro, in Angoulême. «There is evidently a presumption of guilt. I see it in the investigation and before criminal courts, where non-guilty verdicts and acquittals are becoming increasingly rare. »
«We are always on the razor’s edge, in a form of restraint »
Me Edouard Martial, in Agen, adds: «The area of freedom of defense is becoming increasingly restricted. We are extremely cautious, especially in the difficult choice of questioning the complainant. The choice of words and tone should not be aggressive. It is not about denigrating the person claiming to be a victim, but about questioning the truth of the case. There is the fear of harming the person and the fear of doing wrong in the client’s interest. We are always on the razor’s edge, in a form of restraint. »
In the minds of all the professionals we spoke to, the Depardieu trial was a turning point. In 2025, the actor was sentenced to eighteen months of suspended prison for sexual assaults on two women during a shoot. During the trial, the strong attacks (1) of the defendant’s lawyer against the victims were strongly criticized by the complainants’ lawyers and feminist associations. The correctional court had itself recognized a secondary victimization.
New jurisprudence
For the first time, this notion created by the European Court of Human Rights jurisprudence found application in France, where it is not explicitly provided for. It aims to punish statements that exceed the rights of defense and open the way to redress as they constitute a harm in themselves. For the Depardieu case, the penalty was set at 1,000 euros for each victim. During the rape trial in Mazan, Gisèle Pél…
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